IMPORTANT POINT
The sufficiency of evidence and the scope of framing charges under Section 307/34 of the Indian Penal Code were central to the judgment.

JUDGMENT :

Heard learned counsel for the parties.

2. The instant revision application is directed against the order dated 26.07.2021 passed by the learned District & Additional Sessions Judge-IV, Bokaro in Misc. Cri. Application No. 112 of 2020 corresponding to Sessions Trial Case No. 352 of 2019 arising out of Protest-cum-Complaint Petition No. 124 of 2016, registered for the offences under Sections 448, 342, 506, 109, 307, 34 of the Indian Penal Code and the learned court found prima facie case under Section 307/34 of I.P.C. and the application preferred by the petitioner under Section 239 of the Code of Criminal Procedure for discharge has been rejected.

3. The brief facts of the case is that initially an F.I.R. was lodged being B.S. City P.S. Case No. 268 of 2009 on 03.11.2009 against the petitioner, his father Hira Lal Gupta and two unknown persons, under Section 448, 342, 506, 109, 307/34 of the Indian Penal Code. It is alleged in the F.I.R. that the informant/ complainant was residing in Limca hotel, Sector-1, B.S.City, P.S.- B.S.City, Bokaro. The further case of the complainant is that on 27.07.2009 at about 7:10 A.M. in the morning while, as usual she was coming from Ram Mandir after offering Puja and went inside the Limca Hotel, after opening the door, she saw accused Deepak Gupta and Hira Lal Gupta along with two unknown persons talking to themselves. On seeing her all of them stopped talking. The complainant did not know the name of other two persons but she had seen them with Deepak Gupta and Hira Lal Gupta earlier. One of the two persons was heavy built and dark in colour while the second was fat and fair with average height and the complainant could identify them on seeing. The complainant went ahead and while she was climbing on stairs, and when she saw turning her head, she found that the accused persons were looking at her. The Complainant did not bother much and came to her room. After 5 to 7 minutes the door of the room of the complainant was forcibly opened and she found that accused Deepak Gupta and two other persons came to her room and put on the latch of the door. The complainant was afraid and she went other side of the bed. The accused Deepak Gupta told her that complainant and all should leave otherwise they will have to face serious consequences. He had requested the complainant and her family earlier but the complainant and all did not listen to him. The accused Deepak Gupta was son of elder brother of the complainant's husband. The complainant told him that she was not afraid of the accused persons and her husband was also living there for last 35 years and was equally an owner of the business. The complainant told that she would not leave the place. The accused Deepak Gupta told her that if she would not leave, her entire family would be done to death. The complainant was astonished and told that she would tell about the deeds of accused persons to others. Then Deepak Gupta told that she could only tell others when she remained alive. Deepak Gupta further instructed two unknown persons to finish of the complainant and he stated that he was going down stairs. The two persons started threatening her and also threatened her that her daughter was also studying in Delhi and they would destroy her and they also told that her son would also not be left alive. The two unknown persons started pushing her and told that the complainant would die with their hand. The complainant was terrified and went towards windows. The complainant wanted to call Hira Lal Gupta and wanted to know as to why he wanted to get her killed. She shouted but nobody came. One person told her that her husband was the target of his man and if she failed to jump from the window, her husband would be shot dead. The complainant sat on the window and somebody lifted her legs and she had no knowledge of what happened after that. Deepak Gupta had physically and mentally tortured her for the last four months and the complainant and her sister